BOU v. STATE OF NEW JERSEY et al

Filing 35

ORDER granting in part and denying in part Defts' 28 Motion for Summary Judgment; DENIED as to Pltf's claims for excessive force under 42 U.S.C. § 1983 and N.J.S.A. 10:6-2; DENIED as to Pltf's claims for assault and battery; GRANTED as to Pltf's claims for intentional infliction of emotional distress. Signed by Judge Joseph E. Irenas on 8/26/2013. (drw)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

GREGORY BOU,

HONORABLE JOSEPH E. IRENAS

Plaintiff,

CIVIL ACTION NO. 11-6356
(JEI/JS)

v.
STATE OF NEW JERSEY, et al.,

ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANT’S
MOTION FOR SUMMARY JUDGMENT
(Dkt. No. 28)

Defendants.
APPEARANCES:
PATRICK GECKLE, LLC
By: Michael Cortese, Esq.
1500 J.F.K. Blvd., Suite 1850
Philadelphia, PA 19102
Counsel for Plaintiff

STATE OF NEW JERSEY, OFFICE OF THE ATTORNEY GENERAL
By: Roshan Deven Shah, Deputy Attorney General
RJ Hughes Justice Complex
25 Market Street
P.O. Box 112
Trenton, NJ 08625
Counsel for Defendants
IRENAS, Senior District Judge:
This matter having appeared before the Court upon Defendants
DePinto and Hurley’s Motion for Summary Judgment (Dkt. No. 28),
the Court having considered the submissions of the parties, and
for good cause appearing;

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IT IS on this

26

day of August, 2013,

ORDERED THAT:
(1) Defendants’ Motion for Summary Judgment is hereby DENIED
as to Plaintiff’s claims for excessive force under 42 U.S.C.
§ 1983 and N.J.S.A. 10:6-2.
(2) Defendants’ Motion for Summary Judgment is hereby DENIED
as to Plaintiff’s claims for assault and battery.
(3) Defendants’ Motion for Summary Judgment is hereby
GRANTED as to Plaintiff’s claim for intentional infliction
of emotional distress.

s/Joseph E. Irenas
JOSEPH E. IRENAS, S.U.S.D.J.

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